Attorney General in and for the State of New South Wales v Mahmoud [2014] NSWSC 970

Supreme Court New South Wales

Medium Neutral Citation: Attorney General in and for the State of New South Wales v Mahmoud [2014] NSWSC 970 Hearing dates: 18.07.2014 Decision date: 24 July 2014 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) The defendant's motion is dismissed. (2) The defendant is to pay the plaintiff's costs of the motion. Catchwords: PRACTICE AND PROCEDURE - motion to dismiss proceedings to have defendant declared a vexatious litigant - challenge to retainer of Crown Solicitor - whether legal representation should be provided for defendant - whether proceedings should be stayed because of defendant's ill health - refusal of adjournment application by defendant - defendant's motion dismissed with costs. Legislation Cited: Interpretation Act 1987 (NSW) - s19 Vexatious Proceedings Act 2008 - ss 8(7)(a), 8(7)(b) Cases Cited: Attorney General v Foley and Anor [2000] 2 All E R 609 Attorney General in and for the State of New South Wales v Mahmoud [2014] NSWSC 392 BZAEV v Minister for Immigration and Border Protection [2014] FCA 496 Dietrich v R [1992] HCA 57; 177 CLR 292 New South Wales v Canellis & Ors [1994] HCA 51; 181 CLR 309 Category: Principal judgment Parties: Attorney General in and for the State of New South Wales - Plaintiff Tosson Mahmoud - Defendant Representation: Solicitors: Mr D Galbraith - Plaintiff Defendant appeared in person File Number(s): 2013/266710